Wrongful death suit filed
Liko Kenney's father cites wrongful death and civil rights violation
May 26, 2010
CONCORD—Almost three years to the day after his son was shot moments after killing a Franconia police officer, David Kenney is filing a wrongful death suit.
Kenney, of Easton, is the father of Liko Kenney, also of Easton, who shot Franconia Police Cpl. Bruce McKay in the back five times before running him over with his car on May 11, 2007. Liko was in turn shot by passerby Gregory Floyd, who picked up McKay's gun and killed Kenney.
Kenney is suing Floyd, the Franconia Selectmen, Franconia Police Chief Mark Montminy, Franconia Police Sgt. Mark Taylor and the deceased McKay. The suit is being done in U.S. District Court in Concord.
Kenney, who is suing as the executor of his son's estate, is alleging that Liko's Civil Rights were violated by McKay and town officials on the grounds that his right to be free from unreasonable search and seizure was infringed. Kenney is also suing for severe emotional distress caused by McKay when McKay pepper sprayed him during the incident. He is suing Floyd for the alleged wrongful death of his son, asserting Liko was no longer a threat when he shot him.
As of Monday Franconia town officials had not been served the suit or seen it yet and were unable to comment. Federal court officials noted that Kenney has 120 days to hire people to serve the defendants in the case.
In the suit Kenney laid out the sequence of events, as he believed they happened during the incident, including a claim that Floyd shot at Liko's car from the front while it was moving and trying to get away from the scene. This alleged bullet in the windshield shot from the front was not in the original Attorney General investigation of the incident, though it has been suggested many times by those who question the justness of Floyd's actions that day.
Kenney also reviews the history of Liko and McKay's interactions before the 2007 shooting, starting in January 2003, when McKay arrested Kenney who was sitting in his car in a parking lot at Fox Hill Park in Franconia. He also reviews complaints issued against McKay while still alive.
In addition to the suit there is an issue of whether Kenney can serve as his own attorney in the case or must hire a lawyer. Judge James Muirhead noted in his order that parties in a federal suit cannot represent themselves except in the case of an estate without creditors or beneficiaries. Kenney has 30 days to state whether the estate possesses them or not and Muirhead will then make a decision whether to proceed or dismiss the case because of lack of counsel, according to court documents.